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HomeMy WebLinkAboutAnalysisPLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related projects. Project Name: PZ-21-11604 Project Address: 2291 NW 36 St Company Name: Blue Casl Dade LLC Primary Contact: Linda Christian Email: Ichristain@stearnsweaver.com Secondary Contact: Email: Based on the recommendation of the Plat and Street Committee, and staffs analysis, the Planning Department recommends APPROVAL WITH CONDITIONS of the Applicant's request to vacate and close from public use a portion of a private alley. Lead Staff: Darren Murphy, Planner II Principal Division: Land Development Email: dmurphy@miamigov.com Pursuant to Chapter 55, Section 55-15, the Applicant is requesting to vacate and close a "portion" of a Private Alley. Its dimensions are approximately 10 ft. in width and 134.44 ft. in length with a total area of approximately 1,314 square feet (0.030 acres) 0 HEPB 0 UDRB M City Commission ✓0 PZAB WDRC 0 AIPP Existing Transect Zone(s): T6-8-0 Urban Core Zone Existing FLUM(s): General Commercial Commissioner District(s): City Commissioner District: 1 City Commissioner: Alex Diaz de la Portilla Department of Human Service Neighborhood Service Center(s): Allapattah Revision Date: 06/15/2021 Department Director: Cesar M. Garcia -Pons, AICP, LEEP AP City of Miami I�. IYI O'r t,lltl ,yf l� Planning I apartment VACATION CLOSURE APPLICATION ePlan File ID. PZ-21-11604 Location 2291 NW 36 St Miami 21 Transact 76-8-0", Urban Gore Zone Page 1 of 9 C. PROJECT DATA AND PROPOSAL SURROUNDING_ USES Miami 21 MCNP 1 Density Existing Use "T5-L", Urban Center Zone Medium Density North Restricted Commercial/65 Residential - Single Family du per acre South `T6-8-0, Urban Core Zone General Commercia11150 Vacant Land - per acre Governmental East T6-8-0", Urban Core Zone General Commercia11150 Vacant Land —Automotive, per acre Parking West " T6-8-O", Urban Core Zone General Commercial1150 Vacant Land - Commercial per acre RELATED APPROVALS Date Action 11/12/2021 PZ-21-11631: 2267 NW 36 ST-Warrant (Affordable Housing) 07/11/2022 BD22016256001: 2267 NW 36 ST - New Construction (Affordable Housing) D. BACKGROUND Purpose of the Vacation Closure of a Private Alley The Private Alley dimensions are approximately 10 ft. in width and 134.44 ft. in length with a total area of approximately 1,314 square feet (0.030 acres), see Figures 1 & 2. Based on the Applicant's Letter of Intent, PZD-01 (the "Letterof Intent"), the private alley is used for owners of Lots within the Garden City Subdivision and is not part of the public pedestrian and vehicular traffic circulation network. The Applicant seeks to vacate and close a portion of the private alley as part of the replatting process per Chapter 55 — Subdivision Regulations of the City of Miami Code of Ordinances. The Applicant has two (2) other associated multifamily residential applications, see the "Related Approvals", that are subsequent to the approval of this application. In lieu of the Applicant's request to close and vacate this portion of a Private Alley, they seek to replace it with a three-dimensional ingress/egress access easement, which will be an integral part of the building design for the abovementioned Related Approvals. Final Decision (PZ-21-11604: 2291 NVV 36 St) — Page 2 of 8 9/1/2022 Page 2 of 9 Figure 1: An aerial of the proposed vacation and closure of the 10 foot private alley (red outline) Final Decision (PZ-21-11604: 2291 NW 36 St) — Page 3 of 8 911 /2022 Page 3 of 9 N j 777 F 15i - uhk Ca L .i • • � - 3 [a . • �(0 elf �CIX51 I - � I MoI f+� Vhtk pic s - - - � Id.lae. Ycces, �- ;� � `. .. •tom - � 1' % I • N�F1:��5� ANEry -�--_—_ Figure 2: Applicant's Tentative ALTO TOWER - TENTATIVE PLAT#199f1—with the approximate location of the 10 foot Private Alley (red box) to be closed and vacated from public use and replaced with a proposed three-dimensional ingress/egress access easement Final Decision (PZ-21-11604: 2291 NW 36 St) — Page 4 of 8 91112a22 Page 4 of 9 E. FINDINGS Plat and Street Committee Meeting — October 7, 2021 Pursuant to Chapter 55, Section 55-15 of the City of Miami Code of Ordinances at the October 7, 2021, Plat and Street Committee meeting, the Plat and Street Committee (the "Committee") recommended approval of the Applicants "ALTO TOWER - TENTATIVE PLAT #1990 involving vacating and closing a portion of a private alley from public use. The Committee considered the following criteria in making their recommendation to the Planning, Zoning, and Appeals Board (PZAB): Criteria Findings Criteria 1: is it in the public interest, or would the general public benefit from the vacation of the rights of way or easement? Plat and Street The vacation and closure of the Private Alley is to be able to develop Committee the property for affordable housing units which are needed in the City Finding 1: of Miami, especially within this area of the City. Criteria 2: Is the general public no longer using the rights of way or easement, including public service vehicles such as trash and garbage trucks, police, fire, or other emer enc vehicles? Plat and Street The Private Alley has not been used for many years. Alley has various Committee private property encroachments into it. Finding 2: Criteria 3: Would there be no adverse effect on the ability to provide police, fire, or emergency services? Plat and Street There is no adverse effect since there is no use by any of the services. Committee Access will be provided with the new development. Finding 3: Criteria 4: Would the vacation and closure of the rights of way or easements have a beneficial effect on 12edestrian and vehicular circulation in the area? Plat and Street Currently, there is no vehicular or pedestrian circulation and access to Committee the Private Alley. The new development will provide pedestrian access Finding 4: from NW 36 St. Final Decision (PZ-21-11604: 2291 NW 36 St) — Page 5 of 8 9l112022 Page 5 of 9 Staff reviewed the Applicant's proposed vacation and closure of the Private Alley based on key sections of the Miami 21 Zoning Code (Miami 21) and the Miami Comprehensive Neighborhood Plan (MCNP), and their findings are listed below: Planning Department Miami 21 Criteria 1: The proposed vacating and closing of the Private Alley is consistent with Miami 21 standards, goals, and objectives. Miami 21, Article 2, Section 2.1.2(b)(3.): "Ensuring that private Development contributes to increased infrastructure capacity and through building embellishes a pedestrian -friendly public realm of highest ambient quality". MCNP It is consistent with Capital Improvements, Goal CI-1 Adhere to sound fiscal management policies that ensure the timely provision of public capital facilities required to maintain existing public infrastructure, that meet the need for public facilities resulting from future development and redevelopment, and that enable the provision of public capital facilities that enhance the quality of life within the ci ." Planning Department Staff defers to the Plat and Street Committee's Analysis 1: recommendations as a testament that the Applicants proposed vacation and closure of the Private Alley follows both Miami 21's Article 2 Section 2.1.2 b. 3. and MCNP's Goal CI-1 Planning Department Complies Finding 1: Planning Department Miami 21 Criteria 2: It is consistent with Miami 21 Zoning Code, Article 2, Section 2.1.3.3(b.): "Development should adequately accommodate vehicles while respecting the pedestrian and the spatial form of public space". MCNP It is consistent with MCNP's Goal TR-1: "Maintain an effective and cost-efficient circulation network that provides transportation for all persons while reducing both the dependency on automobiles and overall roadway congestion" Final Decision (PZ-21-11604: 2291 NW 36 St) — Page 6 of 8 9/112022 Page 6 of 9 Planning Department The Applicants proposed vacation and closure of a Private Analysis 2: Alley is a critical element to the success of redeveloping this project site for possible future Uses, such as Residential, Multi- family housing, in terms of complying with the MCNP`s Level of Service Standards for public open space/civic space while improving the current pedestrian/vehicular network by removing underutilized or abandoned City Right -of -Way. Planning Department Complies Finding 2: I�Ki]PLe7�ti[alr�.F� Pursuant to Chapter 55, Section 55-15 of the City of Miami Code of Ordinances, the findings from the Plat and Street Committee, and the finding from the Planning Department staff, the Planning Department recommends Approval with Conditions of the vacation and closure of a portion of a private alley from public use as proposed in the "ALTO TOWER - TENTATIVE PLAT #1990", subject to the following conditions: 1. The closure and vacation of the single Private Alley shall be developed in accordance with the survey plans entitled "ALTO TOWER - TENTATIVE PLAT #199o,, consisting of two sheets, digitally signed and sealed by Alberto J Rabionet, P.S.M. No. 7218 - State of Florida, on November22, 2021, using a Digital Signature. 2. The Applicant, owner, or successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 3. The Applicant, owner, or their successor shall provide an access plan for review and acceptance by the City's Fire -Rescue, Police, Solid Waste Departments, and the Capital Improvements Program/Office Transportation. 4. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded or as authorized by Section 55-10(i) of the City of Miami Code of Ordinances, as amended. 5. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 6. The City reserves the right to inspect the site to ensure compliance with the conditions listed. Final Decision (PZ-21-11604: 2291 NW 36 St) r Page 7 of 8 9/112022 Page 7 of 9 i Lakisha Hull, AICP, LEED AP BD+C Planning Director Jacqueline Ellis, Chief Land Development Murphy Digitally signed by Murphy, Darren Darren Date: 2022.10.06 16:05:03-04'00' Darren Murphy Planner II Attachments: Attachment 1 —Approved - City of Miami Plat and Street Committee Letter, dated October 7, 2021 Attachment 2 - PZD-09: City of Miami Office of Capital Improvements Letter, dated November 23, 2021, that no projects have occurred along the right-of-way planned to be closed and vacated. Final Decision (PZ-21-11604: 2291 NW 36 St) — Page 8 of 8 9I112022 Page 8 of 9 Jacqueline Ellis Chief of Land Development Page 9 of 9 Cttv Of Alfamt ARTHUR NORIEGA, V. City Manager October 25, 2021 MJM Capital Enterprise, LLC Blue Sky Communities LLC 2287 NW 36 St 5300 W Cypress St Miami, FL 33142 Tampa, FL 33607 ealmenareskaol.com swilsonkblueskycommunities.com ALTO TOWER - TENTATIVE PLAT #1990 LOCATED ALONG THE NORTH SIDE OF NW 36 STREET, FROM NW 22 COURT TO NW 23 A VF,NI TF, Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of October 7, 2021, APPROVED the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions and/or comments have been satisfied. Resilience and Public Works 1. Application a. Owner name is to include state of registration. b. Provide two witnesses for each signature. c. Provide corrections for item # 1, 2, 4 (to match Opinion of Title), 5, and 9. d. Opinion of Title - provide corrections on page 2 for the name of proposed plat. 2. Location map needs to have adjacent subdivisions added. 3. Owner's address needs to be added as well as developer information which application shows Blue Sky Communities LLC as developer. 4. Express purpose — to be revised for portions of alley. 5. Provide clarifications or revisions to the closure/vacation annotations for the followings a. Proposed 10-foot-wide three-dimensional ingress/egress pedestrian access easement with 13-foot vertical clearance. b. Pedestrian access easement is private for owners of lots shown hereon (Garden City — PB-5/PG-73). 6. Provide annotation for 10-foot private alley on North boundary. 7. Provide corrections for underground stormwater drainage info and lines. Planning/Zoning 8. Provide clarifications or annotations for structures to be demolished. A revised tentative plat is to be submitted prior to final plat submittal. Planning/Zoning is to verify for the jogs oftransect lines within the alley. Transportation 10. Development — traffic study may be required. DEPARTMENT OF RESILIENCE & PUBLIC WORKS 444 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 ALTO TOWER - TENTATIVE PLAT 41990 October 25, 2021 Page 2 of 4 Standard Comments for Street and/or Easement Vacation 11. A letter from the Miami -Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. 12. Existing utilities located within the street, alley, and easement to be closed and vacated must be relocated or easements provided. 13. Applicant is to comply with requirements of City of Miami Code Section 55-15(b)(1) for the properties on each side of the right of way (street and public/private alley) and easements to be vacated and closed to be included in the plat and all abutting property owners shall join in the plat and the disposition of the right of way (street and public/private alley) and easements. 14. City of Miami Code Section 544(b) is an alternative method to the requirement of the abutting properties and execution by abutting property owners for closure and vacation of public street and public/private alley. 15. Public Hearing/Planning, Zoning and Appeals Board (PZAB). a. An Opinion of Title as to reversionary rights for the right-of-way/easement to be closed and vacated will be required by the PZAB (does not apply for easement within private roe . The Opinion of Title must also address whether or not there are individuals, in addition to the abutting property owners, having an interest in the right-of-way/easement to be closed and vacated. A copy of the Opinion of Title must be provided to the Resilience and Public Works Department, prior to acceptance of the application. b. The PZAB will require a sketch and legal description with a square footage, on an 8 ''/2" X I I" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416- 2030. Provide a copy to the Resilience and Public Works Department. 16. The Plat and Street Committee has reviewed this tentative plat and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The members of the Plat and Street Committee have further considered the request for vacation and closure of the alley with respect to Miami City Code requirements and have voted 6 (six) in favor and 0 (zero) in denial of this vacation and closure request. 17. Provide a written request to the City of Miami Office of Capital Improvements and Department of Resilience and Public Works to obtain a Confirmation ("Confirmation"). If the Confirmation indicates that funds were expended, the City's Finance Department and Office of Management and Budget will determine the amount of the City's expenditure, specifically including expenditure of restricted funds (bond funds, grant funds, or otherwise) for such improvements as a separate line item. The City Manager or his or her designee will issue a Total Expenditure, which shall specify the amount that the Subdivider must repay to the City ("Total Expenditure"). Said Confirmation and, if applicable, Total Expenditure must be obtained prior to the scheduling of a public hearing regarding the vacation and closure before the City Commission, or before the PZAB for the Alternative Method under the City Code Section 55-15(1) and 0). Payment to the City of the amount indicated on the Total Expenditure shall be paid to the City before recordation of the Final Plat in accordance with Section 55-8 of the City Code, or before scheduling for PZAB consideration for the Alternative Method under the City Code Section 55- 15(1) and 0). Standard Comments 18. Contact RPW Survey section for additional minor comments. 19. Provide updated tentative plat prior to final plat submittal to be reviewed by Committee members for compliance to applicable City Codes. ALTO TOWER - TENTATIVE PLAT 41990 October 25, 2021 Page 3 of 4 20. Execution of Covenant for Postponement of Subdivision Improvements is required in cases where the required subdivision improvements are not completed. 21. Any covenants applicable to the subject property, as required for the Building permit application and/or as captured in the Opinion of Title submitted prior to Final Plat submittal, will need to be annotated in the Final Plat. 22. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. 23. Verify with Miami -Dade County that the proposed plat name is acceptable. 24. All encroachments across proposed tract and/or lot lines, including any underground encroachments, must be removed or resolved under all applicable codes prior to final plat submittal. 25. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. 26. Current backup documentation will be required for all who execute the final plat. A resolution for authority to execute documents and a Certificate of Good Standing from the Secretary of State are required, if applicable. 27. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. Provide a copy of the notice of action to Resilience and Public Works. 28. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is the owner's responsibility to work with his/her surveyor and attorney to assure that everything is in order before submitting the final plat package. 29. Be advised that if all requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 30. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat approval (see contact sheet). The tentative plat name and tentative plat number must be included on the application form. 31. A letter from Miami -Dade Water and Sewer Department is required to release the final plat in connection with water and sewer service agreements. 32. Provide two 8 ''/2" x I I" sketches of the division of the land; one sketch of the existing divisions before the plat is recorded and one sketch of the divisions after the plat is recorded. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights -of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases, this could represent a substantial investment on your part. REQUIRED: The submission of an electronic file of the tentative plat, in an AutoCAD, to the City of Miami Resilience and Public Works Department, Development and Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement letter required for the final plat approval. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i). Also, the Temporary Certificate Occupancy and/or Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. In order to mitigate problems associated with access and construction activities throughout the neighborhood, the contractor/developer is encouraged to notify the affected neighborhood ALTO TOWER - TENTATIVE PLAT 41990 October 25, 2021 Page 4 of 4 residents, in writing, of the project starting and completion dates at the time of issuance of permits. The contractor/developer may coordinate the notification of residents with the local City of Miami NET Service Center. 6. Additional items must be provided to the City of Miami Department of Resilience and Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are. It is required that the applicant contacts the City of Miami Resilience and Public Works Survey Section to verify that all final plat submittal documents are complete prior to final plat submittal. 7. Tentative plat approval is only valid for 1(one) year and 6(six) months from the date of the Plat and Street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, Juvenal Santana, P.E., CFM Supervisor of Plats - Plat and Street Committee Director - Public Works Department of Resilience and Public Works AD/JS/AB/ab Enclosure: Contact Sheet Biscayne Engineering 539 W Flagler St Miami, FL 33130 ai rabionetkbiscavneengineering. com Plat and Street Committee Members Nzeribe Ihekwaba, Ph.D., P.E., Deputy City Manager Survey Development and Roadway Plans Central ARTHUR NORIEGA, V ,,N nr City Manager rj r r November 23, 2021 MJM Capital Enterprise, LLC Blue Sky Communities LLC Stearns Weaver Miller 2287 NW 36 St 5300 W Cypress St Weissler Alhadeff & Sitterson, P.A. Miami, FL 33142 Tampa, FL 33607 150 West Flagler Street, Suite 2200 ealmenaresPool.cvr71 swilsonC&blueskycomrnun(tles.corn Miami, FL 33130 meta I i a [� s t ea rrt 5weave r, corn ALTO TOWER - TENTATIVE PLAT #1990 LOCATED ALONG THE NORTH SIDE OF NW 36 STREET, FROM NW 22 COURT TO NW 23 AVENUE Pursuant to the provisions of City of Miami Code Section 55-15(a), as amended; the City of Miami Office of Capital Improvements has researched to determine if any Capital Improvement projects involving the right of way to be closed and vacated by the subject plat. The Office of Capital Improvements hereby confirms, based on our records that no projects have occurred along the right-of-way planned to be vacated, if you have any questions concerning this determination, please contact our offices, at 305-416-1236. Sincerely, Badia, Hector 2021.11.23 16:01:58-05'00' Hector Badla Assistant Director Office of Capital Improvements c: Biscayne Engineering 539 W Flagler St Miami, FL 33130 -i'ralaione � laisca �7 en lnerrri .c m Juvenal Santana, P.E., CFM, Supervisor of Plats - Plat and Street Committee, Director - Public Works, Department of Resilience and Public Works Plat and Street Committee Members Nxeribe Ihekwaba, Ph.D., P.E., Deputy City Manager OFFICE OF CAPITAL IMPROVEMENTS 444 S.W. 2ND Avenue, 81 Floor / Miami, FL 33130 / Office: (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708, Miami, FL 33233-0708